Unlawful and Dangerous act Manslaughter Flashcards by connor king | Brainscape

Q

Definition?

A

where D does not intent to kill or cause GBH but has committed
= therefore no MR

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Q

Actus reus

A

an unlawful act
the act must be dangerous
which causes V’s death

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Q

Mens rea

A

mens rea for the unlawful act

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Q

Unlawful act?

A

must be an act, not omission
R v Lowe

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Q

Must be dangerous?

A

R v Church
test for dangerousness
‘all sober and reasonable person would have the same knowledge of V as D did’

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Q

Which causes death?

A

using chain of causation

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Q

Drugs

A

R v Kennedy
the chain of causation is broken if V injects the drug themselves

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Q

Mens rea

A

Newberry and Jones - need MR for the unlawful act not death
R v Mitchell - transferred malice can apply

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